HomeMy WebLinkAboutOrdinances (O-12-1843)-08/07/2012DENIED AUGUST 7, 2012
ORDINANCE 0-12-1843
AN ORDINANCE AMENDING ORDINANCE 0-04-1444 RELATED TO LOT
1, BLOCK 2, OF THE THOMPSON TERRACE ADDITION CONDITIONS
RELATED TO PARKING; PROVIDING FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council approved Ordinance 0-04-1444 on March 2,
2004, to establish the zoning of 0.2 acres on Lot 1, Block 2, of
the Thompson Terrace Addition; and
WHEREAS, the applicant has requested an amendment to Ordinance 0-04-
1444 to further amend the commercial zoning district
requirements on approximately 0.2 acres Lot 1, Block 2; of the
Thompson Terrace Addition under Case ZC12-015; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to enact a new zoning ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning
Commission to recommend the boundaries of the various
original zoning districts and appropriate regulations be
enforced therein and to recommend a new zoning ordinance;
and
WHEREAS, the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan designed to
lessen congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health, general welfare;
to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, .
sewerage, schools, parks and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, to the character of the
districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City; and
Ordinance 0-12-1843
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WHEREAS, the Planning and Zoning Commission of the City of Colleyville
and the City of Colleyville City Council, in compliance with the
Charter of the City of Colleyville, and State Law with reference
to changes to zoning classifications under the Zoning Ordinance
Regulations and Zoning Map, having given the requisite notices
by publication and otherwise, and after holding due hearings
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec.2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
amending Ordinance 0-04-1444.
Sec.3. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
amending the zoning and development requirements on Lot 1,
Block 2, of the Thompson Terrace Addition, as depicted in the
attached Exhibits '~A" and "B".
Sec.4. THAT the Official Zoning Map of the City of Colleyville be
amended to incorporate the zoning change approved herein.
Sec. 5. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL CONDITIONS
a. A temporary parking lot is hereby authorized as a principal
permitted use on the subject property for a period of not
more than two years.
b. The parking lot layout and configuration shall be consistent
Exhibit "B".
„
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c. The primary use of a parking lot shall be limited to two
years from the date of approval of this ordinance or upon
the issuance of a Certificate of Occupancy for the new
structure allowed per Ordinance 0-04-1444, whichever
occurs first.
d. Prior to utilization of the parking lot approved by this
ordinance, shrubs shall be planted such that one 18" in
height plant or five (5) gallon plant shall be planted along
Thompson Terrace for each five (5) lineal feet of public
street rights-of-way located adjacent to the property.
Planting specifications shall comply with Chapter 4-
Landscaping and Buffering in the Land Development Code.
e. Upon expiration of the two year period described in section
(c), if no Certificate of Occupancy has been issued, the
temporary parking lot authorized by this ordinance shall be
removed including all impervious cover and non-soil base
materials and the site returned to its pre-developed
condition.
f. The provisions of this ordinance shall automatically expire
upon the abandonment of the business, change in the use,
a change in ownership or upon the expiration or
termination of the Certificate of Occupancy for the business
located at 5005 Thompson Terrace.
g. All parking space dimensions shall meet the minimum
requirements of the Land Development Code.
h. All requirements of the Land Development Code, except
where amended herein.
Sec. 6. THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Sec. 7. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance
of the City of Colleyville, and upon conviction shall be punishable
by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
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Sec. 8. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 9. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 10. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to permit
its proper development and in order to protect the public
interest, comfort and general welfare, and requires that this
ordinance shall take effect immediately from and after its
passage.
Sec. 11. THAT Ordinance 0-04-1444 shall remain in full force and effect,
except where amended by this ordinance.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 17T" day of
July 2012.
The second reading and public hearing being conducted on the 7T" day of I
August 2012.
PASSED AND APPROVED by the City Council of the City of Colleyville,
Texas, on this the day of 2012.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
DENIED AUGUST 7, 2012
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit ~~A" -Location and Zoning Map
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Exhibit ~~B" - Temporary Parking Lot Layout and Configuration